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R-05-06-09-10A1 - 6/9/2005RESOLUTION NO. R -05-06-09-10A1 WHEREAS, it is necessary for the City of Round Rock to conduct an annual audit, and WHEREAS, the accounting firm of Brockway, Gersbach, McKinnon & Niemeier, P.C. has submitted an engagement letter to provide said audit for the fiscal year ending September 30, 2005, and WHEREAS, the City Council wishes to enter into said engagement letter, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City an engagement letter with Brockway, Gersbach, McKinnon & Niemeier, P.C. to conduct said audit, a copy of said engagement letter being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code, as amended. RESOLVED this 9th day of June, 2005. AT LL, Mayor Ci y of Round Rock, Texas CHRISTINE R. MARTINEZ, City Secreta @PRDesktop\::ODMA/WORLDOX/O:/WDOX/RESOLUTI/R50609A1.WPD/sc (BGMN) BROCKWA' GERSBACH, MCKINNON & NIEMEIER, P.C. CERTIFIED PUBLIC ACCOUNTANTS May 19, 2005 City of Round Rock, Texas 221 E. Main Street Round Rock, Texas 78664-5299 We are pleased to confirm our understanding of the services we are to provide the City of Round Rock, Texas for the year ended September 30, 2005. We will audit the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Round Rock, Texas as of and for the year ended September 30, 2005. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. Also, the document we submit to you will be a Comprehensive Annual Financial Report (CAFR) and will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the basic financial statements: 1) Combining and Individual Fund Statements and Schedules. 2) Schedule of Expenditures of Federal Awards. The Comprehensive Annual Financial Report will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements. 1) Introductory Section 2) Statistical Data Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on— • Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. EXHIBIT IIAn Post Office Box 4083 • Temple, Texas 76505-4083 • 254 773-9907 • Fax 254 773-1570 • www.templecpa.com City of Round Rock, Texas Page Two • Internal control related to major programs and an opinion on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A- 133, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining effective internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us, including any significant vendor relationships in which the vendor has the responsibility for program compliance. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. City of Round Rock, Texas Page Three You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. As part of the audit, we will prepare a draft of your financial statements, schedule of expenditures of federal awards, and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further, you are required to designate a qualified management -level individual to be responsible and accountable for overseeing our services. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit will include tests of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. City of Round Rock, Texas Page Four Audit Procedures—Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the City of Round Rock, Texas' financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards and OMB Circular A-133. Audit Procedures—Compliance Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Round Rock, Texas' compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Round Rock, Texas' major programs. The purpose of those procedures will be to express an opinion on the City of Round Rock, Texas' compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133. City of Round Rock, Texas Page Five Audit Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. It is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of Brockway, Gersbach, McKinnon & Niemeier, P. C. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Brockway, Gersbach, McKinnon & Niemeier, P. C. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of three years after the date the auditors' report is issued or for any additional period requested by the City. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately July 18, 2005 and to issue our reports no later than March, 2006. Our fee for these services will be at our quoted rate, we agree that our gross fee, including expenses, will not exceed $ 72,000. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2003 peer review report accompanies this letter. City of Round Rock, Texas Page Six We appreciate the opportunity to be of service to the City of Round Rock, Texas and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Brockway, Gersbach, McKinnon & Niemeier, P. C. RESPONSE: This letter correctly sets forth the understanding of the City of Round Rock, Texas By: Title: Date: (BGMN) BROCKWAA GERSBACH, MCKINNON & NIEMEIER, P.C. CERTIFIED PUBLIC ACCOUNTANTS TECHNICAL RESPONSE Mayor and City Council City of Round Rock, Texas 221 E. Main Street Round Rock, TX 78664-5299 Ladies and Gentlemen: We are pleased to respond to your request for qualifications for auditing services we would provide for the City of Round Rock, Texas (the City) for the year ending September 30, 2005. 1. GENERAL REQUIREMENTS The accounting firm of BROCKWAY, GERSBACH, MCKINNON & NIEMEIER, P.C., is committed to our clients, our employees and our region. These relationships are our first priority and have strengthened the firm and enabled it to grow as it meets the needs of an expanding and increasingly diverse Central Texas region. The foundation of BGMN is the combined 240 years of experience of the Firm's 16 accountants, including twelve who are certified. The total number of employees has doubled in the last decade, which is a testament to the Firm's commitment to providing the highest quality accounting, auditing, tax and consulting services to individuals, local governments and businesses. BGMNhas grown as the region has grown. From the foundation of building relationships, we focus on meeting the specific needs of our clients for professional services. As client needs have grown, we have had the opportunity to employ additional professionals to come alongside us to help meet those needs. As the new professionals begin to get involved in the region and develop relationships with friends, family and clients, this cycle has repeated itself. BGMN equips its professionals with the latest technology and carefully directs each professional to advance their knowledge through continuing education to meet the needs of our clients. As evident by the over 60 hours of continuing education the average professional receives annually, the Firm is committed to training its professionals far beyond the minimum requirements. Post Office Box 4083 • Temple, Texas 76505-4083 • 254 773-9907 • Fax 254 773-1570 • wwwtemplecpa.com Mayor and City Council City of Round Rock, Texas Page 2 PARTNERS ESTABLISH FOUNDATION Each of the five shareholders brings different strengths to the practice. Mike Brockway consults with individuals and businesses in the areas of income and estate tax planning. He is a member of the Scott & White Estate Planning Council, the Board of Directors of the Temple Business League, the Temple Industrial Foundation, the Temple Chamber of Commerce, the Temple Elks Lodge, the Temple South Rotary Club and Temple Area Crimestoppers. He is a member of the tax and management consulting sections of the American Institute of CPAs and is past director of the Central Texas Chapter of CPAs. Leland Gersbach devotes his professional time to consulting with individuals and businesses in the areas of income and estate tax planning. Also a part-time rancher and farmer, he is committed to servicing the special tax and consulting needs of the agricultural industry. Leland serves the community through his involvement in organizations such as the Temple Rotary Club, the Temple Chamber of Commerce, the Temple Elks Lodge and the Senior Citizens Activities Trust. He is a member of the Budget and Auditing Committee of St. John's Lutheran Church in Bartlett. He is a Board Member and Secretary of the Clearwater Underground Water Conservation District. Steve Niemeier oversees the quality control of the Firm and is in charge of the audit practice. Steve, who in his spare time served as Chairman of the Temple Chamber of Commerce and has been active as a leader in Temple Bible Church, the Central Texas United Way, the Temple Civic Theatre and various PTOs, has a diverse and expansive industry base of knowledge including construction, governmental, non -profits and retail and manufacturing. Given his commitment to privately held business, Niemeier's second professional emphasis is in wealth accumulation, retention and transfer. He has recently received the designation of Certified Financial Planner. Lisa McKinnon is the firm's governmental audit partner with a concentration of industry experience of local school districts, cities and county government. Lisa's nineteen years of experience includes providing management consulting and tax services for a regional firm in Rochester, New York, before making Temple her home in 1992. Lisa served as the Treasurer of the Temple Area Ronald McDonald House for three years. Cindy Franklin is a tax partner with twenty years of experience. She serves the diverse tax needs of individuals, corporations, trusts and estates. Her extensive experience has made Cindy a natural leader to organize and manage our tax staff. Cindy made Temple her home after serving the Abilene market for sixteen years. Cindy is a member of Leadership Temple and Belton Church of Christ. These professionals represent the management and core of experience to provide essentially all of the traditional accounting services for individuals, corporations, non-profit organizations and local governments. Such services include: accounting and data processing; audits, reviews and compilations; estate and retirement planning; general business consulting; payroll processing and preparation; and tax return preparation and planning. Mayor and City Council City of Round Rock, Texas Page 3 TEAMS ENSURE INDUSTRY FOCUS BGMN has established four areas of specific client needs that have been best served by identifying professionals to serve on teams to focus on meeting these needs. These teams include: the Governmental Industry Team, the Construction Industry Team, the Financial Services Team and the Quickbooks Consulting Team. The Governmental Industry and Construction Industry Teams provide all of the traditional services to their respective industries, with an in-depth knowledge of the unique accounting and auditing practices of the industry and with an emphasis on the importance of accurate and timely information and service. The Financial Services Team offers an independent review and recommendation in the areas of investments, insurance, retirement and estate planning needs. The Quickbooks Consulting Team has evolved within the last seven years to serve small business owners who have installed Quickbooks accounting software on their computers, but have accounting questions or need other assistance. - OUR PEOPLE MAKE THE DIFFERENCE The primary purpose of establishing these teams is to identify the professionals responsible for maintaining the industry knowledge and experience necessary to provide our clients efficient and timely service that they have come to expect. BGMN's commitment to our clients, our employees, and our community is unique and evident by: • 240 years of experience of our sixteen accountants; • All of our practice is in the Central Texas Region; and • our professionals have served and are serving as community leaders. We are committed to our goal of serving the needs of Central Texas by identifying our region's specific needs, employing the professionals who have the character and the skills to meet these needs and equipping those professionals with the technology, industry experience and knowledge to get the job done. ACCESS TO WORKPAPERS Working papers prepared by BGMN, during the audit will be the sole property of BGMN. However, we will furnish the City of Round Rock, Texas with copies of selected working papers. Furthermore, the work papers will be made available for review upon the request of the City of Round Rock, Texas. The working papers will be made available to the City of Round Rock, Texas, United States Department of Housing and Urban Development, U. S. General Accounting Office (GAO), parties designated by the federal or state governmentor by the City as part of an audit quality review process and auditors of entities of which the City of Round Rock, Texas is a subrecipient of grant funds. The working papers will be maintained for at least five years after the date of the report, or longer if requested. In addition, the firm shall respond to the reasonable inquiries of successor auditors and allow successor auditors to review working papers relating to matters of continuing accounting significance. Mayor and City Council City of Round Rock, Texas Page 4 2. INDEPENDENCE We confirm that we are independent with respect to the City and its component units. None of our stockholder/officers, managers, or staff have any direct or indirect financial interest in the City's contracts, and no one assigned to the audit is related within a prohibited degree (as,defined by auditing standards generally accepted in the United States of America and the U.S. General Accounting Offices's Government Auditing Standards) to any of the Council, the Mayor or to any employee with managerial responsibilities. We also confirm that we have had no professional relationships in the past five years with the City, any of its agencies or component units. We will provide the City written notice of any professional relationships entered into during the period of this agreement. 3. LICENSE TO PRACTICE IN STATE OF TEXAS BROCKWAY, GERSBACH, MCKINNON & NIEMEIER, P.C., and all key professional staff assigned are licensed by the Texas State Board of Public Accountancy. The Firm is a small business concern, a member of the Association of Government Accountants, and of an external quality control review organization. As a member in good standing of the American Institute of Certified Public Accountants Division for CPA Firms Private Companies Practice Section, BGMNsubmits its practice to a peer review every three years, and completed its latest peer review in May, 2003. The firm received an unqualified report for each of its May 2003, 2000, 1997, 1994 and 1991 peer reviews and has not received a reprimand during the fourteen years that the firm has been a member of the peer review section. 4. FIRM QUALIFICATIONS AND EXPERIENCE BROCKWAY, GERSBACH, MCKINNON& NIEMEIER, P.C. traces its origin in Temple to 1976 when Mike Brockway opened the Temple office for a Central Texas-based regional accounting firm. Leland Gersbach joined Mike in 1977 and formed the nucleus from which the current tax practice has evolved. In 1988, the local practice was acquired by these partners from the regional firm. In 1991, Stephen Niemeier became a shareholder/principal of the firm and currently serves as the firm's lead audit partner and president. In 2002, Lisa McKinnon became a shareholder principal and is the firm's partner in charge of the governmental audit practice. In 2005, Cindy Franklin became a shareholder principal and manages the tax staff. BGMNprovides a full range of audit, tax, management and accounting services. The Firm is comprised of twenty employees, including its shareholders with one office in Temple. Twelve of the twenty employees are certified public accountants with an average of fourteen years of experience ranging from three to twenty plus years. Six of the certified public accountants comprise the governmental audit staff. An audit senior and manager will be employed on a full-time basis while the audit partner will be on a part-time basis. The experience of our professionals exemplifies our philosophy to provide experienced professionals to deliver quality services in a timely and professional manner. Our approach produces predictable results: minimal interruptions to daily operations; better utilization of client assistance and professional staff; professionalism; continuity of assigned professionals; and quality services and products. Mayor and City Council City of Round Rock, Texas Page 5 4. FIRM QUALIFICATIONS AND EXPERIENCE (Continued) BGMNis licensed by the State Board of Public Accountancy to practice public accounting. Generally, all CPA's are members of the national, state and local professional organizations, which provide a network of support organizations and professionals to call upon as the need arises. As a member of the AICPA's Quality Review Program, we have received the required quality reviews. Our latest quality review was conducted in May, 2003, and we again received an unqualified opinion. Our next quality review is scheduled in July 2006. See EXHIBIT A for a copy of our most recent external quality control review. We have never had a disciplinary action taken nor is any pending with any state regulatory bodies or professional organizations. Our firm has been subject to third -party reviews primarily for the Bell County and the City of Temple, Texas engagements in which the CAFR and schedule of federal assistance are reviewed annually. All independent reviews have been cleared satisfactorily and closed without modifying or revising the original report. The County and City have annually received the Certificate of Achievement for Excellence in Financial Reporting based on such reviews. We have prepared and printed the CAFR for Bell County for all of the years engaged. BGMNhas a system of quality control of its accounting and auditing practice that requires of its staff a minimum of 40 hours per year and a total of 120 hours every three years of continuing professional education. Additionally, for all staff responsible for planning, directing, and conducting substantial portions of the field work, or reporting on this audit engagement, the firm requires that 24 of the 80 hours every two years be in subjects directly related to the government environment and to government auditing and that the 80 hours are directly related to auditing. As evidenced by the professionals assigned to your engagement, our professionals far exceed the industry standards for continuing education. 5. PARTNER, SUPERVISORY AND STAFF QUALIFICATIONS AND EXPERIENCE The value of your audit is directly linked to the professionals assigned to your engagement. We believe the professionals assigned to your engagement provide what no other audit team will: continuity; experience; a fresh look; and a commitment to serving the City's needs. The resumes of Lisa McKinnon, engagement partner, Hope Luther, manager, and Dannyelle Turner, senior, are provided on the pages which follow. The engagement partner and manager have been with the firm for numerous years and are focused on providing quality governmental audit services, they will be a permanent part of your engagement. The Bell County CAFR has been prepared entirely by the firm, including the conversion to GASB 34. The firm has also been instrumental in helping the County and the City of Temple, Texas in obtaining their GFOA Certificate of Achievement for Excellence in Financial Reporting. 6. PRIOR ENGAGEMENTS WITH THE CITY The firm has had no prior engagements with the City in the last five years. Mayor and City Council City of Round Rock, Texas Page 6 Lisa A. McKinnon, CPA, Engagement Partner Mrs. McKinnon graduated with a Bachelor of Science degree from St. John Fisher College, Rochester, New York in January 1986 with an overall 3.4 GPA. She initially obtained her certification as a public accountant in New York in 1988. Mrs. McKinnon began her professional career providing audit and tax services in a regional accounting firm from January 1986 to August 1988. From August 1988 to January 1992 she continued providing audit and tax services with a local accounting firm in Rochester, New York. She also provided management consulting and advisory services. In June 1992, Mrs. McKinnon moved her family and career to Temple. Since that time she has continued providing auditing and tax services to a variety of clients with greater emphasis on diversifying and expanding her audit experience. Lisa currently devotes her professional time to serving the audit, tax and accounting needs of a diversified, Central Texas based, accounting practice. Her practice includes non -profits, local governmental units and manufacturing clients. Specifically, she managed the financial and compliance audits of Bell County from 1994 to the present and has been the partner on Temple, Taylor, Rogers, Holland and Belton Independent School Districts for the last several years. Mrs. McKinnon is a member of the American Institute of Certified Public Accountants (AICPA) and Central Texas Chapter of TSCPA and has attended the following courses on governmental accounting and auditing from 2002 - 2004: Course Hours Applying Fraud SAS No 82 in Government and Not for Profit 8 Government Reporting Models for 2000 — Beyond 8 2002 Texas School District Accounting/Auditing Update 13 2002 Government and Auditing Update 8 GASB No 34 Infrastructure 8 GASB No 34 Implementation 8 GAAFR Self Study 16 2003 Texas School District Accounting/Auditing Update 8 2004 Governmental and Auditing Update 3 2004 Texas School District Accounting/Auditing Update 8 Including the specific courses previously listed, Mrs. McKinnon has completed 185 hours of continuing professional education in the past three years. Mrs. McKinnon's civic involvement includes former Treasurer of the Board of Directors of the Temple Area Ronald McDonald House. Lisa and her husband, Jim, have two sons, Andy and Matthew, and are Temple residents. Mayor and City Council City of Round Rock, Texas Page 7 Hope E. Luther, CPA, Engagement Manager Mrs. Luther graduated from Abilene Cooper High School in 1983 and Hardin -Simmons University with a BBA in Accounting in May, 1986. She won the Texas Society of CPA's Accounting Excellence Award in 1986, was in the Alpha Chi Honor Society, and graduated with an overall GPA of 3.87. She became a CPA in 1990. Mrs. Luther began her professional career providing audit and tax services in local accounting firms from October, 1987 through December 1994. During that time she provided audit services to a variety of clients with greater emphasis on governmental audits. Her practice included local governmental units, non-profit organizations, and manufacturing clients. Specifically, she seniored the audits of the City of Temple, Texas from 1990 to 1994, the University of Central Texas from 1988 to 1994, Temple Junior College District from 1991 to 1994, and several other cities. She worked on six different school districts with ADA's ranging from 100 to over 8,000. Mrs. Luther has a substantial amount of compliance and internal control experience. In May 1995, Mrs. Luther joined Brockway, Gersbach, and Niemeier where she continues providing auditing and tax services. Specifically, she has managed the audits of the City of Temple, Texas and Temple Independent School District from 1995 to the present. Mrs. Luther has more than exceeded her educational requirements during 2002 - 2004 by attending governmental accounting and auditing courses as detailed below. She is a member of the AICPA, TSCPA, and Central Texas Chapter of TSCPA. Course Hours Governmental Updates 27 Fraud Prevention 25 Texas School District Accounting and Auditing Update 24 Governmental Auditing Standards 28 Mrs. Luther received a Certificate of Educational Achievement in Governmental Accounting and Auditing on September 15, 1997. The certificate is issued by the AICPA's Professional Development Division in recognition of successful completion of an integrated program in Governmental Accounting and Auditing constituting 64 Continuing Professional Education hours. Including the specific courses previously listed, Hope has completed 192 hours of continuing education in the past three years. Mrs. Luther's civic involvement includes being a member and Past -Treasurer of Altrusa International, Inc. of Temple, the Past Treasurer of Altrusa Foundation, Inc. of Temple and a Leadership Temple graduate. Hope and her husband, C.W., have two children, Blake and Lauren, and are Temple residents. Mayor and City Council City of Round Rock, Texas Page 8 Dannyelle A. Turner, CPA, Engagement Senior Mrs. Turner graduated from Academy High School in 1998 and the University of Mary Hardin Baylor with a BBA with a major in Accounting and a MBA in Business Administration in May, 2002. She was in the Gamma Beta Phi Honor Society, and graduated with an undergraduate of a 3.53 and a graduate GPA of 3.9. She became a CPA in 2004. Mrs. Turner began her professional career providing audit services in a regional accounting firm in Waco, Texas, from 2002 through 2004. There she developed a specialization in auditing local governmental units. Specifically she seniored the audits of several school districts and conducted multiple Single Audit compliance reviews. In June 2004, Mrs. Turner joined Brockway, Gersbach, McKinnon & Niemeier, P. C., where she continues providing governmental audit services. Mrs. Turner continues to meet her education requirements by attending the following governmental accounting and auditing courses detailed below: Course Hours Professional Ethics, Standard of Behavior for Texas CPAs 4 Texas School Districts Accounting and Auditing Update 24 PPC's Local Governmental Audits Updates: Planning a Governmental Audit Programs and Audit Reports 8 Governmental Audit Programs and Audit Reports 8 Single Audits and Other Considerations 8 GASB 34 Trainings 24 Governmental Audit Update 16 Including the specific courses previously listed, Mrs. Turner has completed 140 hours of continuing education in the past three years. Dannyelle's professional memberships include the Texas Society of CPA's, the AICPA, and the Central Texas Chapter of TSCPA. Dannyelle and her husband, Nick, reside in Little River -Academy. Mayor and City Council City of Round Rock, Texas Page 9 7. SIMILAR ENGAGEMENTS WITH OTHER GOVERNMENT ENTITIES Bell County, Texas (See Note 1) Comprehensive Annual Financial Report and Compliance Audit 1987 to Present — 1000 audit hours County Auditor Donna Eakin (254) 933-5110 Engagement Partner: Lisa McKinnon City of Temple (See Note 1) Comprehensive Annual Financial Report and Compliance Audit 1995 to Present — 800 audit hours Director of Finance Traci Barnard (254) 298-5634 Engagement Partner: Stephen Niemeier Technical Reviewer: Lisa McKinnon Temple Independent School District Annual Financial and Compliance Report 1995 to Present — 380 audit hours Asst. Superintendent of Operations Karl Kacir (254) 791-6226 Engagement Partner: Lisa McKinnon Belton Independent School District Annual Financial and Compliance Report 1995 to Present — 280 audit hours Business Manager Eric Banfield (254) 939-1881 Engagement Partner: Lisa McKinnon Taylor Independent School District Annual Financial and Compliance Report 2001 to Present — 220 audit hours Business Manager Bill Mikulencak (512) 352-6361 Engagement Partner: Lisa McKinnon Note 1: The Certificate of Excellence in Financial Reporting was received on the CAFR for each year engaged. Mayor and City Council City of Round Rock, Texas Page 10 8. SPECIFIC AUDIT APPROACH A. WORK PLAN The audit team will use standard audit programs from two primary sources: PPC Guide to Audits of Local Governments and Compliance Audit Requirements related to the Major Program(s). We anticipate using all available sources of information such as the city budget; manuals, programs financial and other management information systems to make the most efficient use of our time and the time of City personnel. We will use the schedules you have indicated you will provide along with other schedules that City personnel may be able to assist with. B. DETAIL AUDIT APPROACH (1) PROPOSED SEGMENTATION The tentative schedule for completing the audit is as follows: Time Period Scheduled Tasks/Goals July 18 - August 12 Compliance testing Review Document System of Internal Controls September 30 Confirmations mailed out, detail audit plan, list of schedules and assistance requested of City Personnel November 14 — December 9 Field Work January 2006 February 2006 March 2006 Prepare CAFR draft, audit reports and Management letter by January 31, 2006 Work with City personnel on revisions and Final version of the CAFR Present Comprehensive Annual Financial and Compliance Report to City Council Mayor and City Council City of Round Rock, Texas Page 11 8. SPECIFIC AUDIT APPROACH (Continued) B. DETAIL AUDIT APPROACH (continued) (2) STAFFING BY SEGMENT The hour commitment by assigned professional by segment is present below: Time Period Partner Manager Senior Total July 18 — August 12 30 160 160 350 September 30 8 8 November 14 — December 9 30 120 120 270 January 2006 50 80 100 230 February 2006 30 40 40 110 March 2006 20 20 40 Total Percent (3) SAMPLING METHODS 160 420 428 1008 16% 42% 42% 100% Nonstatistical audit techniques will be used for substantive audit procedures. Compliance samples will be determined based upon statistical theory, based on the auditors' evaluation of audit risk and reliance upon internal controls. However, certain samples will be selected judgmentally or based on a nonstatistical audit technique such as selecting every Nth item. In general, substantive testing will include all individually significant items and a test sample of sixty items not deemed individually significant. Nonstatistical samples will be selected based on the guidelines outlined in the PPC Guide to Audits of Local Governments. Compliance samples will be selected with no planned reliance on internal control and in general most compliance samples are anticipated to be sixty. (4) COMPUTER AUDIT TOOLS As in the previous audit engagements, we will utilize your software to make on line inquiries which will improve and expedite our ability to research risk areas and select test items: This capability is helpful in identifying individually significant items and tracing specific transactions. Mayor and City Council City of Round Rock, Texas Page 12 8. SPECIFIC AUDIT APPROACH (Continued) B. DETAIL AUDIT APPROACH (continued) (5) ANALYTICAL AND SUBSTANTIVE PROCEDURES A tentative list of certain analytical and substantive tasks planned for the City's audit is as follows: 1. Confirm all bank accounts and investments; 2. Confirm all indebtedness; 3. Confirm ad valorem taxes received and receivable; 4. Confirm retirement plan; 5. Vouch additions to fixed assets (Judgmentally); 6. Analytically review all revenue and expenditure accounts; 7. Perform a search for unrecorded liabilities; 8. Test all disbursements considered to be individually significant; 9. Randomly select 60 non-federal disbursements for testing (including compliance with laws and regulations); 10. Test 60 payroll files for compliance testing; 11. Reconcile federal and state grant program reports to the general ledger. (6) INTERNAL CONTROL REVIEW The firm's approach to gain and document an understanding of the City's internal control structure is as follows: 1. Review internal controls by accounting system including payroll, purchasing, and disbursements, and revenue and receipts by discussing the systems with appropriate personnel. Special considerations of federal and state programs will be documented within each system; 2. Review related accounting documents and reports to validate the responses to our inquiries; 3. Document in narrative form our understanding of the accounting system; 4. Develop a compliance test to validate the effectiveness of the documented controls and to verify that the system is working as represented. Documents which result in an accounting transaction such as checks are tested to ensure the controls are adequate to account for all such documents and that such documents are accurately recorded; 5. Complete an internal control checklist as an overview to ensure all internal control issues have been considered; and 6. Evaluate overlapping responsibilities for proper segregation of duties. Mayor and City Council City of Round Rock, Texas Page 13 8. SPECIFIC AUDIT APPROACH (Continued) B. DETAIL AUDIT APPROACH (continued) (7) LA WS AND REGULATIONS TESTING The firm's approach in determining laws and regulations that will be subject to audit test work is as follows: 1. Identify state and federal program revenues received during the fiscal year by program; 2. Identify requirements of all Type A (major) programs and Type B programs selected for testing; 3. Follow federal compliance requirements; and 4. Review grants for specific requirements and incorporate into compliance testing. (8) COMPLIANCE TEST AND SAMPLES The firm's approach to selecting samples for compliance tests will be the same as indicated in item (3). (9) COMMUNICATIONS WITH DIRECTOR OF FINANCE AND CONTROLLER The firm's approach to communication will be to meet and discuss as often as necessary and/or requested with the Director of Finance and Controller regarding the engagement status or any other questions or concems. We believe keeping an open line of communication with our client personnel leads to a more efficient and effective audit. 9. IDENTIFICATION OF ANTICIPATED POTENTIAL AUDIT PROBLEMS If at any stage of the audit engagement we become aware of fraud in the City's organization, we will promptly notify the Assistance City Manager, Director of Finance and Controller or officials above the level of involvement. If we encounter audit problems, our standard procedure for resolving such a problem would be to have the immediate supervisor of the audit team review the problem with the member of the audit team who first identified the discrepancy. If the discrepancy appears to require additional information or reconciling with the supervisor, we will obtain the information from appropriate City personnel. If the discrepancy appears irregular in nature, the problem will be addressed first to the engagement partner who will determine whether the problem can be resolved by the City's immediate supervisor, the Assistant City Manager, the Director of Finance, Controller or City Council. 10. REPORT FORMAT We anticipate our auditors' report to read as indicated in Exhibit D. Mayor and City Council City of Round Rock, Texas Page 14 11. FEES Our fees for these services will be based on the actual time spent at our quoted hourly rates Our hourly rates vary according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and will not be resumed until your account is paid in full. Based on our preliminary estimates, the annual fees for each of the years proposed should not exceed the amounts detailed in Exhibit E. 12. ACCEPTANCE We confirm that we are willing to issue and negotiate annual engagement letters for the services rendered to the City. If the City elects to extend this agreement for up to another four years, we do not anticipate any significant changes to our proposed audit approach. We have designed our audit approach based on the assumption that this will be a multi-year engagement. We recognize and acknowledge that the City Council, at its sole discretion, may elect not to extend the engagement for future years. We appreciate the opportunity to respond to your request for proposal and believe this letter accurately summarizes the requirements of the proposal request. Respectfully submitted, BROCKWAY, GERSBACH, MCKINNON & NIEMEIER, P.C. zein Lisa McKinnon, CPA March 29, 2005 Robert M. McAdams, CPA Robert L. Lewis, CPA Franklin W. Burk, CPA Paul Roth-Roffy, CPA July 8, 2003 Carneiro,Chumney&Co., L.C. CERTIFIED PUBLIC ACCOUNTANTS To the Shareholders Brockway, Gersbach, McKinnon & Niemeier, P.C. EXHIBIT A J. Lowell Goode, CPA Julia C. Norton, CPA Sandra J. Geppert, CPA Allen E. Robertson, Jr., CPA We have reviewed the system of quality control for the accounting and auditing practice of Brockway, Gersbach, McKinnon & Niemeier, P.C. (the firm) in effect for the year ended April 30, 2003. A system of quality review encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICPA). The design of the system and compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with the system based on our review. Our review was conducted in conformity with standards established by the Peer Review Board of the AICPA. In performing our review, we obtained an understanding of the system of quality control for the firm's accounting and auditing practice. In addition, we tested compliance with the firm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Brockway, Gersbach, McKinnon & Niemeier, P.C. in effect for the year ended April 30, 2003, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. ic. "Helping Clients Succeed for 73 Years" 40 NE Loop 410, Suite 200 • San Antonio, Texas 78216-5876 (210) 342-8000 • Fax: (210) 342-0866 E-mail: carneiro@carnelro.com • www.carneiro.com An Independent Member of the BDO Seidman Alliance CITY OF ROUND ROCK, TEXAS EXHIBIT E QUESTIONNAIRE OF FAIR AND REASONABLE PROFESSIONAL FEES AND EXPENSES FOR THE AUDIT OF THE 2005 FINANCIAL STATEMENTS Standard Quoted Hourly Hourly Hours Rates Rates . Total Partners 160 $ 145 $ 100 $ 16,000 Managers 420 98 75 31 500 Supervisory staff 428 76 55 23,540 Other (specify) - 55 40 Subtotal 1008 Total for services Described in Section II E of the RFQ 71,040 Out -of -Pocket expenses: 960 Meals and lodging - Transportation Other (specify): Total all-inclusive fair and reasonable price estimate for 2004-2005 audit $ 72,000 Note: The rate quoted shall not be presented as a general percentage of the standard hourly rate or as a gross deduction from the total all-inclusive maximum price. DATE: June 3, 2005 SUBJECT: City Council Meeting - June 9, 2005 ITEM: 10.A.1. Consider a resolution authorizing the Mayor to execute an engagement letter with Brockway, Gersbach, McKinnon & Niemeier, P.C. for the annual audit for the fiscal year ending September 30, 2005. Department: Finance Department Staff Person: Cindy Demers, Finance Director Justification: The audit provides an independent examination of financial records, activities and operations to assess internal control practices, compliance with regulations, grant terms, bond covenants, contractual requirements and fairness of presentation of financial information. The recommended firm will also provide valuable ideas and observations intended to help achieve the City's objectives in maintaining adequate financial controls, policies and procedures. Funding: Cost: $72,000 Source of funds: General and Utility Operating Budgets Outside Resources: N/A Background Information: The City's Charter requires an annual audit of the financial records to be performed by an independent certified public accountant. The objective of the audit is the expression of an opinion as to whether the City's financial statements are fairly presented in conformity with generally accepted accounting principles. Other objectives include reporting on internal controls related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements in accordance with Government Auditing Standards and Single Audit Act requirements. As a best practice, every 5 years the City intends to formally solicit firms to perform the City's external audit. The City implemented the process this year by issuing a Request for Qualifications for audit services. The Request for Qualifications document was sent to over 30 accounting firms in early March. The City received seven responses. The City's audit services selection committee evaluated the responses, interviewed the top three firms and called references for those firms. The committee recommends Brockway, Gersbach, McKinnon & Niemeier, P.C. Public Comment: N/A (BGMN) BROCKWA' GERSBACH, MCKINNON, & NIEMEIER, P.C. CERTIFIED PUBLIC ACCOUNTANTS May 19, 2005 City of Round Rock, Texas 221 E. Main Street Round Rock, Texas 78664-5299 We are pleased to confirm our understanding of the services we are to provide the City of Round Rock, Texas for the year ended September 30, 2005. We will audit the financial statements of the governmental activities, the business -type activities, the aggregate discretely presented component units, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Round Rock, Texas as of and for the year ended September 30, 2005. The document we submit to you will include the following supplementary information required by generally accepted accounting principles that will be subjected to certain limited procedures, but will not be audited: 1) Management's Discussion and Analysis. Also, the document we submit to you will be a Comprehensive Annual Financial Report (CAFR) and will include the following additional information that will be subjected to the auditing procedures applied in our audit of the financial statements upon which we will provide an opinion in relation to the basic financial statements: 1) Combining and Individual Fund Statements and Schedules. 2) Schedule of Expenditures of Federal Awards. The Comprehensive Annual Financial Report will also include the following additional information that will not be subject to the auditing procedures applied in our audit of the financial statements. 1) Introductory Section 2) Statistical Data Audit Objectives The objective of our audit is the expression of an opinion as to whether your financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information referred to in the first paragraph when considered in relation to the financial statements taken as a whole. The objective also includes reporting on— • Internal control related to the financial statements and compliance with laws, regulations, and the provisions of contracts or grant agreements, noncompliance with which could have a material effect on the financial statements in accordance with Government Auditing Standards. k C5-o(0-c9-lOAI Post Office Box 4083 • Temple, Texas 76505-4083 • 254 773-9907 • Fax 254 773-1570 • wwwtemplecpa.com City of Round Rock, Texas Page Two • Internal control related to major programs and an opinion on compliance with laws, regulations, and the provisions of contracts or grant agreements that could have a direct and material effect on each major program in accordance with the Single Audit Act Amendments of 1996 and OMB Circular A-133, Audits of States, Local Governments, and Non -Profit Organizations. The reports on internal control and compliance will each include a statement that the report is intended for the information and use of the audit committee, management, specific legislative or regulatory bodies, federal awarding agencies, and if applicable, pass-through entities and is not intended to be and should not be used by anyone other than these specified parties. Our audit will be conducted in accordance with U.S. generally accepted auditing standards; the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States; the Single Audit Act Amendments of 1996; and the provisions of OMB Circular A- 133, and will include tests of accounting records, a determination of major program(s) in accordance with Circular A-133, and other procedures we consider necessary to enable us to express such an opinion and to render the required reports. If our opinion on the financial statements or the Single Audit compliance opinion is other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed an opinion, we may decline to express an opinion or to issue a report as a result of this engagement. Management Responsibilities Management is responsible for establishing and maintaining effective internal control and for compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. In fulfilling this responsibility, estimates and judgments by management are required to assess the expected benefits and related costs of the controls. The objectives of internal control are to provide management with reasonable, but not absolute, assurance that assets are safeguarded against loss from unauthorized use or disposition, that transactions are executed in accordance with management's authorizations and recorded properly to permit the preparation of financial statements in accordance with generally accepted accounting principles, and that federal award programs are managed in compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Management is responsible for making all financial records and related information available to us, including any significant vendor relationships in which the vendor has the responsibility for program compliance. We understand that you will provide us with such information required for our audit and that you are responsible for the accuracy and completeness of that information. We will advise you about appropriate accounting principles and their application and will assist in the preparation of your financial statements, including the schedule of expenditures of federal awards, but the responsibility for the financial statements remains with you. As part of our engagement, we may propose standard, adjusting, or correcting journal entries to your financial statements. You are responsible for reviewing the entries and understanding the nature of any proposed entries and the impact they have on the financial statements. That responsibility includes the establishment and maintenance of adequate records and effective internal control over financial reporting and compliance, the selection and application of accounting principles, and the safeguarding of assets. Management is responsible for adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. City of Round Rock, Texas Page Three You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud, or illegal acts affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. You are also responsible for informing us of your knowledge of any allegations of fraud or suspected fraud or illegal acts affecting the government received in communications from employees, former employees, grantors, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws and regulations and for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Additionally, as required by OMB Circular A-133, it is management's responsibility to follow up and take corrective action on reported audit findings and to prepare a summary schedule of prior audit findings and a corrective action plan. As part of the audit, we will prepare a draft of your financial statements, schedule of expenditures of federal awards, and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further, you are required to designate a qualified management -level individual to be responsible and accountable for overseeing our services. Audit Procedures—General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (1) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. As required by the Single Audit Act Amendments of 1996 and OMB Circular A-133, our audit will include tests of transactions related to major federal award programs for compliance with applicable laws and regulations and the provisions of contracts and grant agreements. Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements or noncompliance may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements or major programs. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that comes to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. We will include such matters in the reports required for a Single Audit. Our responsibility as auditors is limited to the period covered by our audit and does not extend to matters that might arise during any later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct conformation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. City of Round Rock, Texas Page Four Audit Procedures—Internal Controls In planning and performing our audit, we will consider the internal control sufficient to plan the audit in order to determine the nature, timing, and extent of our auditing procedures for the purpose of expressing our opinions on the City of Round Rock, Texas' financial statements and on its compliance with requirements applicable to major programs. We will obtain an understanding of the design of the relevant controls and whether they have been placed in operation, and we will assess control risk. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Tests of controls relative to the financial statements are required only if control risk is assessed below the maximum level. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on intemal control issued pursuant to Government Auditing Standards. As required by OMB Circular A-133, we will perform tests of controls over compliance to evaluate the effectiveness of the design and operation of controls that we consider relevant to preventing or detecting material noncompliance with compliance requirements applicable to each major federal award program. However, our tests will be less in scope than would be necessary to render an opinion on those controls and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to OMB Circular A-133. An audit is not designed to provide assurance on internal control or to identify reportable conditions. However, we will inform the governing body or audit committee of any matters involving internal control and its operation that we consider to be reportable conditions under standards established by the American Institute of Certified Public Accountants. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control that, in our judgment, could adversely affect the entity's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. We will also inform you of any nonreportable conditions or other matters involving internal control, if any, as required by Government Auditing Standards and OMB Circular A-133. Audit Procedures—Compliance Our audit will be conducted in accordance with the standards referred to in the section titled Audit Objectives. As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Round Rock, Texas' compliance with applicable laws and regulations and the provisions of contracts and agreements, including grant agreements. However, the objective of those procedures will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. OMB Circular A-133 requires that we also plan and perform the audit to obtain reasonable assurance about whether the auditee has complied with applicable laws and regulations and the provisions of contracts and grant agreements applicable to major programs. Our procedures will consist of the applicable procedures described in the OMB Circular A-133 Compliance Supplement for the types of compliance requirements that could have a direct and material effect on each of the City of Round Rock, Texas' major programs. The purpose of those procedures will be to express an opinion on the City of Round Rock, Texas' compliance with requirements applicable to each of its major programs in our report on compliance issued pursuant to OMB Circular A-133. City of Round Rock, Texas Page Five Audit Administration, Fees, and Other We understand that your employees will prepare all cash, accounts receivable, or other confirmations we request and will locate any documents selected by us for testing. At the conclusion of the engagement, we will complete the appropriate sections of and sign the Data Collection Form that summarizes our audit findings. It is management's responsibility to submit the reporting package (including financial statements, schedule of expenditures of federal awards, summary schedule of prior audit findings, auditors' reports, and a corrective action plan) along with the Data Collection Form to the designated federal clearinghouse and, if appropriate, to pass-through entities. The Data Collection Form and the reporting package must be submitted within the earlier of 30 days after receipt of the auditors' reports or nine months after the end of the audit period, unless a longer period is agreed to in advance by the cognizant or oversight agency for audits. At the conclusion of the engagement, we will provide information to management as to where the reporting packages should be submitted and the number to submit. The audit documentation for this engagement is the property of Brockway, Gersbach, McKinnon & Niemeier, P. C. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Brockway, Gersbach, McKinnon & Niemeier, P. C. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a minimum of three years after the date the auditors' report is issued or for any additional period requested by the City. If we are aware that a federal awarding agency, pass-through entity, or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. We expect to begin our audit on approximately July 18, 2005 and to issue our reports no later than March, 2006. Our fee for these services will be at our quoted rate, we agree that our gross fee, including expenses, will not exceed $ 72,000. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work may be suspended if your account becomes 30 days or more overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report(s). You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2003 peer review report accompanies this letter. City of Round Rock, Texas Page Six We appreciate the opportunity to be of service to the City of Round Rock, Texas and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, 09IA Brockway, Gersbach, McKinnon & Niemeier, P. C. RESPONSE: This letter correctly sets forth th- u • standing. of the City of Round Rock, Texas Title: / ' / Date: - C s Robert M. McAdams, CPA Robert L. Lewis, CPA Franklin W. Burk, CPA Paul Roth-Roffy, CPA July 8, 2003 Carneiro,Chumney&Co., L.C. CERTIFIED PUBLIC ACCOUNTANTS To the Shareholders Brockway, Gersbach, McKinnon & Niemeier, P.C. J. Lowell Goode, CPA Julia C. Norton, CPA Sandra J. Geppert, CPA Allen E. Robertson, Jr., CPA We have reviewed the system of quality control for the accounting and auditing practice of Brockway, Gersbach, McKinnon & Niemeier, P.C. (the firm) in effect for the year ended April 30, 2003. A system of quality review encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of conforming with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issued by the American Institute of Certified Public Accountants (AICPA). The design of the system and compliance with it are the responsibility of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with the system based on our review. Our review was conducted in conformity with standards established by the Peer Review Board of the AICPA. In performing our review, we obtained an understanding of the system of quality control for the firm's accounting and auditing practice. In addition, we tested compliance with the firm's quality control policies and procedures to the extent we considered appropriate. These tests covered the application of the firm's policies and procedures on selected engagements. Because our review was based on selective tests, it would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or because the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice of Brockway, Gersbach, McKinnon & Niemeier, P.C. in effect for the year ended April 30, 2003, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA and was complied with during the year then ended to provide the firm with reasonable assurance of conforming with professional standards. e-°111)" d.) ae_c "Helping Clients Succeed for 73 Years" 40 NE Loop 410, Suite 200 • San Antonio, Texas 78216-5876 (210) 342-8000 • Fax: (210) 342-0866 E-mail: carneiro@carneiro.com • www.carneiro.com An Independent Member of the BDO Seidman Alliance